08 SB327/AP
Senate
Bill 327
By:
Senators Heath of the 31st, Schaefer of the 50th and Murphy of the 27th
AS
PASSED
AN
ACT
To
amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia
Annotated, relating to retirement allowances, disability benefits, and
spouses´ benefits under the Teachers Retirement System of Georgia, so as to
define certain terms; to provide that a retired teacher who has been retired for
at least 12 calendar months may return to full-time employment in certain
positions and continue to collect his or her full retirement benefit; to amend
Article 4 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated,
relating to retirement bills, so as to define a term; to provide procedures for
certain bills; to provide conditions for an effective date and automatic repeal;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating
to retirement allowances, disability benefits, and spouses´ benefits under
the Teachers Retirement System of Georgia, is amended by revising Code Section
47-3-127.1, relating to employment of a retired teacher as a full-time teacher
or in other capacities, as follows:
"47-3-127.1.
(a)
As used in this Code section, the term:
(1)
'Classroom teacher' means a certified teacher of pre-kindergarten through grade
12 employed by the public schools who has as his or her sole responsibility the
academic instruction of students in a classroom.
(2)
'Normal service retirement' means retirement at or after the age of 60 with at
least ten years of creditable service or retirement with 30 years of creditable
service without regard to age.
(3)
'Retired teacher' means a beneficiary of this retirement system who has been
retired on a normal service retirement for at least 12 calendar
months.
(b)(1)
A public school system may employ a retired teacher as a full-time classroom
teacher, principal, superintendent, media specialist, or counselor and such
person shall be subject to the provisions of subsection (c) of this Code
section; provided, however, that a retired teacher who retired as a principal
may not be employed as a principal in the same school in which he or she was so
employed prior to his or her retirement, and a retired teacher who retired as a
school superintendent may not be employed as a school superintendent by the same
school system in which such person was so employed prior to his or her
retirement.
(2)
A regional educational service agency as defined in Code Section 20-2-270 may
employ a retired teacher as a full-time improvement specialist and such person
shall be subject to the provisions of subsection (c) of this Code
section.
(3)
The salary paid to any retired teacher employed under this Code section shall be
determined pursuant to an agreement between the retired teacher and the
employing school system. No such retired teacher shall receive any further
creditable service as a result of such employment and shall in all ways be
considered by this retirement system solely as a beneficiary.
(4)
A public school system employing a retired teacher subject to this subsection
shall pay all employer and employee contributions to this retirement system as
otherwise provided in this chapter; provided, however, that no such retired
teacher shall receive any further creditable service as a result of such
employment and shall in all ways be considered by this retirement system solely
as a beneficiary.
(c)
Any other provision of this article to the contrary notwithstanding, a retired
teacher may return to service as a classroom teacher, principal, superintendent,
media specialist, or counselor, and such retired teacher´s benefits under
this article shall not be affected. Any such retired teacher so employed shall
not be considered an active member of this retirement system and shall not
accrue any additional benefits or further creditable service as a result of such
employment and shall in all ways be considered by this retirement system solely
as a beneficiary. The provisions of this subsection shall not become a part of
the employment contract and shall be subject to future legislation.
(d)
The provisions of this Code section shall be automatically repealed on June 30,
2016."
SECTION
2.
Article
4 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating
to retirement bills, is amended by revising paragraph (6) of Code Section
47-20-30, relating to definitions, as follows:
"(6)
'Retirement bill having a fiscal impact' means any retirement bill creating or
establishing a retirement system and any other retirement bill other than a
nonfiscal retirement bill. Such term shall include any bill requiring a public
retirement system to divest or refrain from investing in specific investments or
classes of investments."
SECTION
3.
Said
article is further amended by adding a new subsection to Code Section 47-20-34,
relating to the introduction of retirement bills having a fiscal impact and
preliminary consideration by committee, to read as follows:
"(d)
Any bill requiring a public retirement system to divest or refrain from
investing in specific investments or classes of investments may only be
introduced as provided in subsection (a) of this Code section and, in addition
to the certification of the state auditor required by Code Section 47-20-32,
such legislation shall be accompanied at the time of introduction by a statement
from the Governor, the Lieutenant Governor, or the Speaker of the House of
Representatives describing the primary goal the bill is designed to achieve.
Such bill shall also have attached at the time of introduction a fiscal analysis
from each public retirement system affected stating the cost of compliance with
the legislation and the anticipated annual fiscal losses which will be incurred
as a result of complying with the legislation."
SECTION
4.
This
Act shall become effective on July 1, 2008, only if it is determined to have
been concurrently funded as provided in Chapter 20 of Title 47 of the Official
Code of Georgia Annotated, the "Public Retirement Systems Standards Law";
otherwise, this Act shall not become effective and shall be automatically
repealed in its entirety on July 1, 2008, as required by subsection (a) of Code
Section 47-20-50.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.